River Road_14-33893_07272016 NHESP Comments
Commonwealth of Massachusetts
Jack Buckley, Director
www.mass.gov/nhesp
Division of Fisheries and Wildlife
Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 389-6300 Fax (508) 389-7890
An Agency of the Department of Fish and Game
July 27, 2016
City of Northampton
Department of Public Works
125 Locust Street
Northampton, MA 01060
Northampton Conservation Commission
210 Main Street
Northampton, MA 01060
RE: Applicant: City of Northampton DPW
Project Location: River Road, Northampton
Project Description: Retaining Wall Improvements
DEP Wetlands File No.: 246-0694
NHESP Tracking No.: 14-33893
Dear Commissioners & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries &
Wildlife (the “Division”) received a Notice of Intent with site plans and other required materials in
compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act
Regulations (310 CMR 10.59). The Division also received the MESA Review Checklist and supporting
documentation for review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18).
The Division has determined that the Project is located within the habitat of the Wood Turtle (Glyptemys
insculpta), a species listed as “Special Concern according to the Massachusetts Natural Heritage Atlas (13th
Edition). This species and its habitats are protected pursuant to the MESA. A Fact Sheet for this species
can be found on our website, www.mass.gov/nhesp.
The purpose of the Division’s review of the proposed project under the WPA regulations is to determine
whether the project will have any adverse effects on the Resource Areas Habitats of state-listed species.
The purpose of the Division’s review under the MESA regulations is to determine whether a Take of
state-listed species will result from the proposed project.
Based on a review of the information that was provided and the information that is currently contained in
our database, the Division has determined that this project, as currently proposed, must be conditioned
to avoid a prohibited “take” of Wood Turtle. Therefore, the following conditions must be met:
1. Prior to any work, the Applicant shall submit a Wood Turtle Protection Plan, prepared by a
qualified biologist, to the Division for review and approval. Said Protection Plan must be
approved in writing by the NHESP prior to the start of Work. The Division is available for
consultation on the development of this plan.
2. All erosion and sedimentation controls shall be removed and properly disposed of after the
project is completed and as soon as surrounding areas are stabilized.
3. Water quality in the River should be of the highest priority during and after construction.
Great care shall be taken to protect the adjacent resource areas from siltation and
sedimentation. All exposed areas shall be adequately stabilized and protected from erosion at
the close of each working day.
Provided these conditions are included in any approving Orders of Conditions issued by the
Conservation Commission, and the applicant complies with all the above noted conditions, the project
will not result in an adverse impact to the resource area habitats of state-listed wildlife species pursuant
to the WPA and will not result in a prohibited Take pursuant to the MESA. A copy of the final Order of
Conditions shall be sent to the NHESP simultaneously with the applicant as stated in the Procedures
section of the WPA (310 CMR 10.05(6)(e)).
This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 10.18.
Any changes to the proposed project or any additional work beyond that shown on the site plans may
require an additional filing with the Division pursuant to the MESA. This project may be subject to
further review if no physical work is commenced within five years from the date of issuance of this
determination, or if there is a change to the project.
The Division notes that any future projects or activities proposed on the Property which are (a) located
outside of the approval of the limit of Work shown on the site plan, (b) not exempt from review pursuant
to 321 CMR 10.14, and (c) located within mapped Priority Habitat as indicated in the Massachusetts
Natural Heritage Atlas, will require review by the Division pursuant to MESA. Furthermore, 321 CMR
10.16 provides that projects shall not be segmented or phased to evade or defer the review requirements
under MESA. If the Division determines, based on the considerations provided for in 321 CMR 10.16,
that a future project or activity proposed on the Property is part of a larger common project or scheme, it
may evaluate the cumulative impacts of the existing and proposed segments of the common project when
reviewing the future proposed project or activity pursuant to MESA.
Please note that this determination addresses only the matter of state-listed species and their habitats. If
you have any questions regarding this letter please contact David J. Paulson, Endangered Species Review
Biologist, at (508) 389-6366 or david.paulson@state.ma.us.
Sincerely,
Thomas W. French, Ph.D.
Assistant Director
cc: Matthew Taylor, GZA GeoEnvironmental, Inc.
MA DEP Western Region